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152583P.pdf 12/21/2016 Kevin Ward v. Bradley Smith
U.S. Court of Appeals Case No: 15-2583
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Shepherd, Author, with Melloy and Colloton, Circuit Judges]
Prisoner case - Prisoner civil rights. Defendants' judgment on claim they
used excessive force when they used pepper spray to gain plaintiff's
compliance with orders to submit to wrist restraints affirmed; plaintiff
had been lawfully ordered to submit to the restraints and refused to
comply and the force used was not disproportionate to security concerns
and was not, therefore, cruel or unusual; the evidence does not clearly
refute the district court's finding that the defendant guard was
attempting to spray plaintiff's face and not his genitals during a fourth
administration of the spray; district court did not err in determining
plaintiff had failed to prove his claim of intentional infliction of
emotional distress under Missouri law.